How to deal with counterfeit trademarks
Article 58 of the Trademark Law of the People's Republic of China Registers a Trademark by Others If an unregistered well-known trademark is used as a trade name in a company name, misleading the public and constituting unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Article 59: Contained in Registered trademarks The holder of the exclusive right to a registered trademark has no right to prohibit others from using the common name, graphics, and model of this product, or directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product, or containing place names.
The product itself contained in the three-dimensional logo registered trademark The holder of the exclusive right to a registered trademark has no right to prohibit others from using the shape due to its nature, the shape of goods required to obtain technical effects, or the shape that makes the goods of substantial value.
Before the trademark registrant applies for trademark registration, others have already used the same or similar registered trademark on the same or similar goods before the trademark registrant and have certain similarities.If a trademark is affected, the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach an appropriate distinguishing mark.
Article 60 contains Article 50 of this Law If one of the seven acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department deal with.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to stop immediately, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If the illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
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